Patna High Court
Raja KumarversusThe State of Bihar through its Principal Secretary, Home Department, Government of Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- ARUN KUMAR JHA
Holding
The Court directed the petitioner to file a fresh representation and ordered the authority to pass an order for release of the motorcycle within a month.
Summary
Raja Kumar filed a FIR on 27‑01‑2025 reporting theft of his Pulsar motorcycle (Reg. No. BR01HL0466). The bike was later seized by police in a separate case (Harihar Nath PS Case No.34 of 2025) for alleged involvement in transporting illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The petitioner contended that the vehicle was stolen and he should not be held liable for the liquor offence, seeking its release. The State argued that the seizure was lawful but acknowledged the earlier theft FIR. The Court observed that the earlier FIR should have been considered before retaining the vehicle and directed the petitioner to file a fresh representation for release, ordering the concerned authority to decide within a month. The petition was thereafter disposed.
Issues considered
- Whether a vehicle stolen and reported in an FIR can be lawfully retained by police in a separate case involving illicit liquor transport.
- Whether the petitioner is entitled to the release of his seized motorcycle despite its alleged use in a prohibited activity.
Legislation cited
- Bihar Narcotic Substances Act — s. 303(2)
Subjects
- theft
- vehicle seizure
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal writ jurisdiction
- release of property
- police custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.3294 of 2025
Arising Out of PS. Case No.-96 Year-2025 Thana- KANKARBAG District- Patna
======================================================
Raja Kumar S/o Bhola Saw Resident of Mohalla - Postal Park, Road, No. 1,
P.S- Kankarbagh, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar through its Principal Secretary, Home Department,
Government of Bihar, Patna Bihar
2. The Additional Chief Secretary, Home Department , Government of Bihar,
Patna Bihar
3. The Senior Superintendent of Police, Patna Bihar
4. The Station Head Officer, P.S - Kankarbagh, District - Patna Bihar
5. The Station Head Officer, P.S - Harihar Nath, District - Saran Bihar
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sharma, Advocate
For the Respondent/s : Mr. Ravi Kumar, AC to GP-13
Mr. Akshay Lal Prasad, AC to GP-13
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-01-2026 The present writ petition has been filed for direction
to the concerned respondent authority to release the stolen
vehicle (Pulsar motorcycle) bearing Registration No.
BR01HL0466, Chassis No. MD2B72BX1PPG53770, Engine
No. JEXPPG53869 of the petitioner which has been stolen by
unknown persons for which Kankarbagh P.S. Case No. 96 of
2025, dated 27.01.2025 was registered for the offence under
Section 303(2) of B.N.S. and thereafter, said vehicle was seized
in Hariharnath P.S. Case No. 34 of 2025, dated 03.03.2025
Patna High Court CR. WJC No.3294 of 2025(2) dt.12-01-2026
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registered for the offence under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act.
2. Learned counsel for the petitioner submits that the
petitioner has already registered FIR on 27.01.2025 for theft of
his vehicle and thereafter, same vehicle was used by the
miscreants in transportation of illicit liquor. The petitioner or his
vehicle could not be made liable for transportation of illicit
liquor. Even then the petitioner has approached the authority by
filing representation (Annexure-4), the vehicle of the petitioner
has not been released.
3. Learned counsel appearing on behalf of State-
respondents submits that appropriate orders may be passed in
this case since the FIR of the petitioner has been registered
much prior to registration of the second FIR in which
motorcycle has been seized and has been kept in custody.
4. From perusal of record and submission made on
behalf of the parties, it is very much apparent that the petitioner
is being harassed for no reason. The motorcycle of the petitioner
was stolen and he lodged Kankarbagh P.S. Case No. 96 of 2025
for the theft. Subsequently, the motorcycle of the petitioner was
seized by the police in connection with Hariharnath P.S. Case
No. 34 of 2025 was registered on 03.03.2025. If the petitioner
Patna High Court CR. WJC No.3294 of 2025(2) dt.12-01-2026
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approached the authority concerned for release of his vehicle,
the authority concerned should have passed order taking into
consideration the earlier lodged FIR of the petitioner regarding
theft of his motorcycle. But it appears no orders have been
passed till date.
5. In the light of aforesaid discussion, the petitioner is
directed to approach the authority concerned afresh by filing
representation for release of his motorcylce bearing Registration
No. BR011HL0466 within a week and thereafter, the authority
concerned is directed to pass appropriate order in connection
with release of the motorcycle of the petitioner within a month.
6. With the aforesaid observation and direction, the
present petition stands disposed of.
(Arun Kumar Jha, J)
DKS/-
U T
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